Monday, July 28, 2014


NRDC v. US FDA - 7/23/14. In the U.S. Court of Appeals, Second Circuit, Case No. 12-2106. Defendants, Food and Drug Administration (FDA) challenge the district court's conclusion that FDA is required to proceed with hearings to determine whether to withdraw approval for the use of penicillin and tetracyclines in animal feed and that its decision denying two citizen petitions urging it to hold such hearings was arbitrary or capricious. In a split decision, with a lengthy dissent, the Majority reversed the district court decision and remanded to the district court with instructions to deny the plaintiffs' motion for summary judgment, grant the defendants' motion for summary judgment, and dismiss the action.

WildEarth Guardians v. U.S. EPA

WildEarth Guardians v. U.S. EPA - 7/23/14. In the U.S. Court of Appeals, Tenth Circuit, Case No. 13-9524. WildEarth Guardians filed a petition for review of the Federal Implementation Plan (FIP) to reduce regional haze from the Four Corners Power Plant on the Navajo Reservation in northwestern New Mexico; saying EPA did not consult with the Fish and Wildlife Service as required under the Endangered Species Act (ESA). The Panel denied the petition saying it could not create a duty to consult under the ESA because it would have required the EPA to exceed the clearly delineated boundaries of the FIP.